Claiming for Injury?

Discussion in 'Army Pay, Claims & JPA' started by rach-ni, Apr 13, 2006.

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  1. How difficult is this to do? Cant imagine they make it too easy for you?

    Know a guy (TA) who dislocated a shoulder on an assault course last summer - all necessary paperwork (accident reports etc) filled in at the time. He wasnt able to drive for donkeys, is still even now having a good bit of trouble doing anything involving the arm and is on his way to a consultants referral after physio not really helping to stop the thing dislocating at every move.

    Anyone been in this kind of situation before or know the best way to go about it?

  2. If he has personal accident insurance, he can claim off that. He will only be able to claim any kind of compensation if there is any element of blame to be attributed to the Army. Sounds to me that he was performing a completely reasonable task (a bit of PT), and is recieving treatment for his injuries, therefore, I can't really see any reason for him to claim any kind of compensation. If he feels that the trg activity wasn't conducted properly or that he is not recieving sufficient treatment, then that's a different matter.
  3. The Royal British Legion state, for ex-servicemen that they can claim for any injury sustained during service, whether on/off duty, even when AWOL. So I would tell your friend to get in touch with them.
  4. Cheers for all info so far, will pass it on
  5. The Armed Forces Compensation Scheme for Injury, Illness and Death Due to Service (AFCS) JSP 765 is a no fault compensation scheme for illness, injury or death caused by service in the Armed Forces on or after 6th April 2005.

    Here are all the diffferent injuries covered and each one is awared a different level - Table 8 is for fractures and dislocations. The final page shows the levels of compensation awarded for successful claims at each level

    The claim form isn't too horrific either and you can download it here
  6. I've been wondering about this type of thing for a while...

    I was injured 19 months ago on an assault course dragging people over a 10 foot wall. Part of the blame would be attributed to a WO2 who insisted that I stay on top of the wall dragging fat recruits over (I did over 30 the first time over and then a few more including pushing a few over the next time round). I didn't realise the extent of my injury at the time, no form was filled out, I just thought I had pulled muscles all over my body (which I had).

    I've seen two physios and have just been referred to a shoulder specialist, it is thought I probably tore muscles and now my shoulderblade isn't supported properly and I have back problems. It was a Group B TA unit and I left in november, partly because the injury was stopping me doing what I wanted to do.

    Is there anyway I could lodge a complaint/compensation to pay off some debt? :) I don't like compensation culture and I'd rather the money come straight from the WO2 (no longer serving I believe, one huge mistake too many...) but I've never really known where I stand with any of this. It's helped ruin my chances of going regular...

    To the orignal author I hope the problem is sorted
  7. Not sure how claims before 6 April 2005 work. Have a read of the JSP and look at the claim form see what you think.
  8. Thank you, that's really useful. May just apply for the £100 excess I had to pay on a health policy as I'd waited too long for NHS treatment and I couldn't sleep at the time through pain. The side-effects of painkillers I won't claim for though, but a warning, never take voltarol :p
  9. Wow, I could claim for my dislocated patella (kneecap) as well!!! Wouldn't though, cos I'm a total BIFF and it was my fault.

    Has anyone else manage to pick up on average 2.5 injuries per year of service? :?
  10. LOL, yeah. My TA "medical" the other night. I answered yes to about four of the questions on the "have you suffered from" Q's from the civy Doc doing the medical, and after each time I said "but I was in the regular Army at the time, and they said it was ok for me to soldier on"!
  11. My cousin was killed when he was in an landrover taht crashed, so he woz on duty but his familly never got anything. If your single you dont count you have to be marred or have kids I was shocked a single dead soldier aint worth much.
  12. That's just the compensation scheme, there are other options to consider.

    For a successful private legal action, he'd have to prove negligence and the MOD would either agree an out-of-court settlement or abide by the Court's decision.

    To persue this, his best bet is to call one of the ambulance-chasers who advertise in Soldier magazine.

    Mate of mine was seriously injured and was MD'd and got a hefty compensation payout, but this didn't stop him taking legal action as well.